HomeMy WebLinkAboutV 307; MUSIL-HUGHES INV; Variance (V)?* )
Receipt No. Condition #3 Page 3 of Planning Commission
Resolution #1606
APPLICATION NO, VARIANCE
CITY OF CARLSBAD
(Please Type or Print) Date: -
1. REQUEST: Variance to Delete the requirement for .a 6,b]-.Ock wall
(5iefly explain and indicate section of Zone
along the south property line per Condition #3 on paq_1of
Ordinance affected)
Planning Commission Resolution #1606. /
2. LOCATION: The subject property is generally located on the
East side of El Camino Real _kRUHTN South of Hosp Way
and
30 ASSESSOR'S NUMBER: Book Page Parcel
Book Page Parcel (If more, please list on bottom of
this page).
4. OWNER(S): Name Address City Zip Phone
Hughes Investments #2 Corporate Plaza, Newport Beach, 9266QJ14/759-9531
Suite #250
5. PERSON RESPONSIBLE FOR PREPARATION OF APPLICATION:
Name Address Ciy Zi.R_ Phone
Musil Perkowitz Ruth, Inc. .3703 Long Beach Blvd-,Long BeJi..aQ.afl2_
Suite D-1 213/595-5577
6. APPLICANT'S SIGNATURE: I hereby declare that all information contained
within this application is true; and that all standard conditions, as indicated
on the attachment have been read, understood and agreed to.
Name Address City Zip Phone
90807
M. Lawrence Musil 3703 Long Beach Blvd.,Ste D-1, Long Beach 213/595-5577
Representing (Company or Corporation) Musil Perkowitz Ruth, Inc.
Relationship to Property Owner(s) Site Planner
The City of Carlsbad Planning Department would appreciate the opportunity to work
with the applicant throughout the Planning Stages of the proposed development. In
an effort to aid the applicant, the Planning Department requests that it be given
an opportunity to evaluate and discuss the application and plans prior to submittal..
This request is not a requirement; however, it may avoid major redrafting or re-
vision of the plan which only serves to lengthen the processing time.
ATTACHMENTS: Supplemental Information Form - Planning 23
Standard Conditions - Planning 27
Preparation Check List - Planning 32
Procedures - Planning 36
Date of Planning Commission Approval -
FORM: Planning S
6/11/79
ZI
SUPPLEMENTAL INFORMATION FORM
VARIANCE
1) Gross Acres (or square footage; if less than acre)2.39 Acres (104,000 sq.ft
2) ZoneR - P (Residential-Professional)
3) General Plan Land Use Designation R-P
4) By law a Variance may be approved only if certain facts are
found to exist. Please read these requirements carefully an
explain how the proposed project meets each of these facts.
Use.additional sheets if necessary.
a) Explain why there are exceptional or extraordinary circum-
stances or conditions applicable to the property or to the
intended use that do not apply generally to the other property
or class of use in the same vicinity and zone.: The south property
line happens to lie approximately half way up a grade of approximately 2:1
point would serve no purpose i.e. visibility from the adjacent property would
obviously be unimpaired. In fact building the wall would create a tnaintenand'è'
problem and a difficult problem for the adjacent property owner should he need
to grade his site (which is higher than ours). -
b) Explain why such variance is necessary for the preservatioñ
and enjoyment of a substantial property right possessed by other
property in the same vicinity and zone but which is denied to
the property in question:The adjacent property owner should be required
to place the 6' wall at the top of the slope to preserve the intent of the '
condition which is, as I understand it, to provide a screening effect between
the two properties which are of different zones.
c) Explain why the granting of such variance will not be
materially detrimental to the public welfare or injurious to
the property or improvements in such vicinity and zoneinwhich
the property is located: It's my opinion that not building the 6' wall
at the property line will have no detrimental effect and will in fact be
a wise decision. -
d) Explain why the granting of such variance Will not adversely
affect the comprehensive general plan: It has no effect on the general
plan. '
/
/
FORM 'larinij9 23 Date of Planning Commission Approval_ __'
I I
If after the information you have submitted has been reviewed, it is determined -.
that furLher information is required, you will be so advised.
APPLICANT: Hughe§ Investments-A California General Partnership
Name (individual, partnership, joint venture, corporation, syndication)
#2 Corporate Plaza, Suite #250, Newport Beach, CA 92660
Business Address /7
714/759-9531
Telephone Number
- AGENT: M. Lawrence Musil do Musil Perkowitz Ruth, Inc.
Name
3703 Long Beach Boulevard, Suite D-1, Long Beach CA 90807
Business Address -.
213/595-5577
Telephone Number
MEMBERS: William W. Hughes Jr.
Name (individual, partner, joint Home Address
venture, corporation, syndication)
#2 Corporate Plaza, Suite #250, Newport Beach, CA 92660
Business Address
714/759-9531
Telephone Number Telephone Number
Thomas H. Purcell
Name Home Address
#2 Corporate Plaza, Suite #250, Newport Beach, CA 92660
Business Address
714/759 -9531
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended.
070
-
* Applicant
Hughes Investments
Willi m W. Hu hes, Jr. (General Partner)
BY
Agent, Owne , Partner
Musil.Perkowitz Ruth, Inc.
M. Lawrence Musil
4
p.
/
SHORT FORM OF GROUND LEASE
THIS SHORT FORM OF GROUND LEASE is made this day of September,
1979, by and between OTIS E. VA,NDERBURG and CHRISTINE VANDERBt'RG, herein-
after called "Landlord", and HUGHES INVESTMENTS, a California general
partnership, hereinafter called "Tenant".
WITNESSETH:
IN CONSIDERATION of the rents herein reserved and the covenants and
agreements herein contained on the part of Landlord and Tenant to be kept,.
observed and performed, the Lessor has demised and leased, and by these
presents does demise and lease unto the Tenant, and the Tenant has hired
and taken, and by these presents does hire and take from the Landlord the
real property, situate, lying and being in the City of Carlsbad, County of
San Diego, State of California, more particularly described in Exhibit A
hereto, which said exhibit is hereby incorporated herein by reference, for
the term hereinafter set forth.
I
The term of this Lease shall commence ujon the date of recordation of
this Short Form of Lease, and shall terminate October 20, 2072, thereafter,
subject to earlier termination as provided in that Ground Lease of even
date.
II
Tenant has the Right of First Refusal to purchase Landlord's interest
in the demised premises, on the terms set forth in that Lease of even date
referred to herein.
III
Tenant shall have at any time during the term hereof he right (1) to
make applications for such zoning, architectural, plot plan, parcel map,
subdivision or other approvals, and (2) to make such perpetual grants of
easements or dedications as either (1) or (2) may be required by any
applicable governmental agency or utility company or as may be desired
by Tenant (provided, however, any expenses in connection therewith shall.
be paid by Tenant).
INITI'\
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round
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ease
arlsbad 2
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This Lease is subject to the terms, covenants, conditions and provision
of that certain unrecorded Ground Lease between the parties hereto of even
date.
LANDLORD
By: /e
- Otis E. Vanderburg
By: cL
Christine Vanderburg
TENANT
HUGHES INVESTMENTS, - a California general partnership
By:
William W. Hughes, Jr., General Partner
EXHIBIT A
Parcel 2 of Parcel Map recorded March 30, 1979 as Parcel Nap 8586
in the Office of the County Recorder of San Diego County, Ca1ifornia
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this / 7 day of _____ 4.Ld'1979, ore me,
the undersigned, a Notary Public in and for said State, personally
appeared WILLIAM W. HUGHES, JR., known to me to be one of the
partners of HUGHES INVESTMENTS, California General Partnership,
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
WITNESS my hand and official seal.
(NOTARIAL SEAL)
Notary Public in and' for said
State
OFFICIAL SEAL
'
SHARON B. MADSEN
4 (:r 1r4 NOTARY PIJBUC CALIORNLA
ORANGE COUNTY
28. 1981
'--p
My Commission Expires:
H
w
STATE OF CALIFORNIA )
ss. :
COUNTY OF SAN DIEGO )
• I - -
On this day of , 1979, before
me, the undersigned, a Notary Public in and for said State,
personally appeared OTIS E. VANDERBURG and CHRISTINE
VANDERBIJRG, known to me to be the persons whose names are
subscribed to the within instrument and acknowledged that they
executed the same.
WITNESS my hand and official seal.
- -
(NOTARIAL SEAL)
Notary Public in and for said State.
FFT
1 7D
715 Third St., P.O. Box 2C7, CcQjd, CA 92054
My Commission Expires:
- - •- ________
I- ---"'---" -.
.1
I
The Highland Company
c/o W. F. Strong
3105 Avenida de Anita
Carlsbad, CA 92008
Larwin-Southern Calif. ,1n
16255 Ventura Blvd.
Encino CA 91436
Otis E. & Christine
Vanderb urç
c/o Waken & Co.
747 E. Green St., Ste.100
Paaaena, CA 91101
Helix Associates
P.O. Box 985
El Cajon CA 92022
,.. :
•
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of
Carlsbad will hold a public hearing at the City Council Chambers,
1200 Elm Avenue, Carlsbad, California, at 7:00 P.M. on Wednesday,
May 28, 1980, to consider approval of a variance to eliminate the
requirement for a 6 block wall along the southerly property line
on property generally located on the southwest corner of El Camino
Real and Hosp Way and more particularly described as:
Parcel 4 of Parcel Map No. 4838 - a portion of lots 4 and 5
of Fractional Section 32, Townnship 11 South, Range 4 west,
San Bernardino meridian, in the City of Carlsbad, Recorded
June 18, 1976.
Those persons wishing to speak on this proposal are cordially invited
to attend the public hearing. If you have any questions please call
the Planning Department at 438-5591.
APPLICANT: Hughes Investments
CASE NO: V-307
PUBLISH: May 17, 1980
CITY OF CARLSBAD PLANNING COMMISSION
$UJET Pee P5R T/
Al
Al
Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of San Diego County
3088 PlO PICO AVENUE P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345
Proof of Publication
STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
NOTICE OF PUBLIC notice hereinafter referred to; and that the notice HEARING
. of which the annexed is a printed copy, has been
NOTICE IS HEREBY.GIVPN th4ithe.
~*lannijhg Commission of 'the'Oty, of published in each regular and entire issue of said
darlsbdwill hold publi'chethlng,at newspaper and not in any supplement thereof on the City Coancil Chambers, 1200. Elm
Avenue,'Carlsbad, Califonia,at'7:O0 the following dates, to-wit:
P.M. on Wednesday, May 00, isnu, to
consider approval of a variance to eli-
minate the r*quiiMrnent'for a, 6' block
wall along the southerlypropertyline
oi'p'operty generally located on th,e 80 May 17 1 9 . southwest corner ok El tamino. Rpal
and Hosp Way and mol5e particuiai'ly
described as:
Parcel 4, bf PdrceCr4ap-No. 483 - a
portion o-lots4 and S ofFractionalSec- 1 9 tion 32, Township 11 South, Range 4 ..................................
west, San-Bernardino meridian, in the
City of Carlsbad, ltecötkled Ju9e 18.
1976.
- Those persons wihing to 'spe,k on
this prbp6shl 'are 'cordially invited to .......................1 9 attend the public hearing. If youliave
any questions please call the Planning
l Department at438-551.
Applicant: HUGHES INVESTME1PS
Case-No: V-307 -
cITY OF-cARLSBAD
PLANNI1G'COMMlSS1ON
CJ 8805: May -1'7 1980'; .
..............19....
I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carlsbad, Coufly of San Diego,
State of California on the 1 uch
day of May 1980
2M/5-79 I Clerk of the Printer
IF h
pz-
'titp ;:g
0 )
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
V
• . DATE:• _______ •., •
TO: M.t '31E73 Lot bewn ff-4--V2 L/IT P/
(Applicant)
SUBJECT: NOTICE OF JNCOMPLETE APPLICATION,
CASE NO:
0
We have reviewed your application and have determined that it
is not complete. Before processing your application, we need
• the following information:
• p- laAPfl;5 14AP_k
•
S2 1 A , P4'i 40J1D i& /&..J TZ s,J tifli,'I f.
If this information is received by t'tk'-/2i , this item
• • • (D4e)
will be placed on the JJLJJ Planning Commission
I (Date)
•Agenda. If OU have any questions, please call me. at -9idSl1
43Y-Sr /
Sincerely, •
• __ __ _•••.
PNNIN9/DEPARTMLN'i'
KJL/ar • •
4/4/79 • S • •'••• •
•*-,
., 40
MusIL PERKOWITZ RUTH, INC.
PLANNING • DESIGN • ENGINEERING
Simon Perkowitz, President
M. Lawrence MusH, Vice President
Steven J. Ruth, Director of Production
File No. 79-144
April 8, 1980
RECEIVED
City of Carlsbad
Planning Department
1200 Elm Avenue
Carlsbad, California 92008
ATTENTION: Mr. James Hagaman,
Planning Director
1PSU138O
CITY OF CARLSBAD
Planning Department
RE: PLAZA SOUTH OFFICES
SOUTHEAST CORNER OF EL CAMINO REAL & HOSP WAY
CARLSBAD, CALIFORNIA
Dear Mr. Hagaman:
As a follow-up to the Planning Commission Hearing on February
27, 1980 pertaining to the above mentioned project, I hereby
submit the necessary information for a variance.
This variance is to eliminate the requirement for the 6' block
wall along the south property line per condition #3 on page 3
of Planning Commission Resolution #1606.
Therefore, enclosed please find 13 folded 24" X 36" prints of
the site plan. I have also enclosed 1 copy of the completed
variance form which includes:
1) Standard Condition list. virl"I'd VW
2) Photostatic copy of Ground Lease. Recei
3) 13 prints of the proposed grading plan.
4) $50.00 fee for the Variance processing.
5) Disclosure Statement.
V Please note that we have previously provided yo1 -with the fol-
lowing information to obtain the Conditional Use Permit #175.
1) Environmental Impact Assessment form which was
granted a Negative Declaration.
3703 Long Beach Boulevard, Suite D-1 . Long Beach, California 90807 . (213) 595-5577
April 8, 1980
Mr. James Hagaman Page Two
2) 300' radius map.
3) Property Owners and Occupants list.
4) A written statement that adequate sewer capacity
is available for the project.
If you are in need of any additional information please let me
know.
I look forward to a favorable response to this variance submittal
at the soonest Planning Commission Hearing.
Sincerely,
M. Lawrence Musil
Vice-President
MLM:dlp
Enclosure's
cc: Thomas Purcell
. .
STAFF REPORT —10
DATE:
TO:
FROM:
May 28, 1980
Planning Commission
Mike Howes, Assistant Planner
FILE COPY
SUBJECT: V-307, MUSIL-HUGHES INVESTMENTS - Request to delete
the requirement for a 6' high block wall on property
located on the southeast corner of El Camino Real
and Hosp Way in the RP-Q Zone.
I. Project Description and Background
The applicant requests a variance to delete the require-
ment for a 6' high masonry wall along the southerly edge
of the site as shown on Exhibit "A". On March 12, 1980,
a site development plan and conditional use permit for
the subject property was approved by the Planning
Commission (Resolution No. 1606 & 1607). Condition No.
3 of Resolution No. 1606 stated: A 6' high stuccoed block
wall with a tile cap to match the building shall be
placed along the south property line. The fence shall
be no higher than 42" in the front yard.
Although the subject property is zoned R-P-Q, the property
immediately to the south is zoned R-1-10,000, single
family residential. The zoning ordinance development
standards for the RP zone require that a 6' high solid
masonry wall be installed along the common lot line
between property zoned R-P and residential property.
The applicant now requests a variance to delete this
requirement.
II. Analysis
Planning Issues
1. Can the four mandatory requirements of a variance
be found in this case?
a. Are there exceptional or extraordinary
circumstances applicable to the property that
do not apply to other property in the
vicinity?
b. Do other properties in the vicinity share a
similar right which is denied to this property?
. I
c. Will this variance adversely affect the
comprehensive general plan?
d. Will this variance be detrimental to the
property in the vicinity?
The subject property is approximately 2.39 acres in
size and vacant at the present time. On March 12,
1980, a site development plan SDP 77-2(B) was approved
by Planning Commission Resolution No. 1606. The
approved site plan showed two offices and a drive-thru
bank would be located on the subject site. Most of the
site is level, however there are slopes along the
southeasterly and southerly portions of the lot. The
land to the east, west and south of the subject site is
zoned for residential purposes. The property to the
west is separated from the proposed commercial development
by El Camino Real, while the residential property to
the east is located on top of a slope approximately 50'
above the level of the subject site.
The southerly property line of the proposed commercial
development is located halfway up a 15' high 2:1 slope.
If a 6' high wall was constructed at this location it
would not serve to screen the commercial property from
the adjacent residental property. In fact the top of
the fence would not even be visible from the adjacent
residential property to the south. Therefore, staff
can find that the sites topography constitutes extra-
ordinary circumstances relating to this property.
The deletion of the requirement for a 6' high fence
along the southerly property line will not adversely
affect the comprehensive general plan and will not be
detrimental to the public welfare or injurious to
property in the vicinity of the subject site, for
reasons previously mentioned in this report. The
second required finding for the granting of a variance
is not applicable to this particular request.
In summary staff finds sufficient facts to make the
four mandatory findings for approval of a a variance.
III. Recommendation
It is recommended that the Planning Commission adopt
Resolution No. 1641, APPROVING V-307, based on the
findings contained therein. -
Attachments
Location Map
Background Data Sheet
Disclosure Form
PC Resolution No. 1641
Exhibit "A" dated May 28, 1980
NH: ar -2-
5/22/80
S BACKGROUND DATA SHEET
CASE NO: V-307
APPLICANT: MUSIL-IIUGHES INVESTMENTS
REQUEST AND LOCATION.. Variance to allow the deletion of the requirement for a
6' high block wall on property located on the southeast corner of El Camino
Real and Rosp Way.
LEGAL DESCRIPTION: Parcel 4 of Parcel Map 4838 - a portion of lots 4 & 5 of
Fractional Section 32, Township 11 South, Range 4 west, San Bernardino Merridian,
in the City of Carlsbad recorded June 18, 1976.
Assessors Parcel Number: 167 - 030 - 45
Acres 2.38. No. of Lots 1
General Plan Land Use Designation
Density Allowed - Density Proposed
Existing Zone R-P-Q
Proposed Zone R-P-Q
Surrounding Zoning and Land Use:
Zoning . Land Use
North R-P-Q Corrinercial
South R-l-lO Vacant
East Vacant
West P-C Vacant
PUBLIC FACILITIES
School District City of Carlsbad
Water District City of Carlsbad
15 edu's allocated for
Sewer District City of Carlsbad SDP 77-2 (d)
Public Facilities Fee Agreement, dated August 29, 1979
(Other: as part of the approval for -175.
EVIRON1Y1ENT2JL IMPACT ASSESSMENT
Negative Declaration, issued
E.I.R. Certified, dated
Other, Exenpt according to Section 19.04.080
.
.
N
'1
V3O7
LGCm/FON m4f
PLANNING COMMISSION RESOLUTION NO. 1641
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
VARIANCE TO DELETE THE REQUIREMENT FOR A 6'
HIGH BLOCK WALL ALONG THE SOUTHERLY PROPERTY
LINE OF PROPERTY GENERALLY LOCATED ON THE SOUTH-
EAST CORNER OF EL CAMINO REAL AND HOSP WAY IN
THE R-P-Q ZONE.
APPLICANT: MUSIL-HUGHES INVESTMENT
CASE NO: V-307
WHEREAS, a verified application for certain property, to wit:
Parcel 4 of Parcel Map No. 4838 - a portion of lots
4 and 5 of Fractional Section 32, Township 11 South,
Range 4 west, San Bernardino Meridian, in the City of
Carlsbad recorded June 18, 1976
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 28th day of May,
1980, hold a duly noticed public hearing as prescribed by law to
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to
be heard, said Commission considered all factors relating to V-307.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of V-307, based on the
following findings and subject to the following conditions:
Findings
1) There are exceptional and extraordinary circumstances and
conditions applicable to the property or to the intended use
that do not apply generally to the other property in the same
vicinity and zone as noted in the analysis section of the
staff report.
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2) That this variance is necessary for the preservation and
enjoyment of a substantial property right possessed by
other property in the same vicinity and zone, but which is
denied to the property in question.
3) That the granting of such variance will not be materially
detrimental to the public welfare and injurious to the property
or improvements in such vicinity and zone in which the property
is located, as indicated in the analysis section of the
staff report.
4) That the granting of such variance will not adversely affect
the comprehensive general plan, as indicated in the analysis
section of the staff report.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 28th day of May, 1980, by the following vote, to wit:
AYES: Schick, Larson, Friestedt, Marcus, Leeds, Ronthotis
NOES: None
ABSENT: None
ABSTAIN: Jose
1L)WL1N S. sutucic, J.&. enairman
CARLSBAD PLANNING COMMISSION
ATTEST:
I_I • S&LflLal.7&. t ,#)...4_ J
SBAD PLANNING .&OMMISSION
PC RESO #1641 -2--
MW
S
PLANNING COMMISSION RESOLUTION NO. 1606
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
• SITE DEVELOPMENT PLAN NO. 77-2 (B), TO AMEND
• SITE DEVELOPMENT PLAN FOR 2 OFFICES AND A
BANK ON THE SOUTHEAST CORNER OF HOSP WAY AND
EL CAMINO REAL.
APPLICANT: HUGHES INVESTMENTS
CASE NO: SDP-77-2(B)
WHEREAS, a verified application has been filed with the
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City of Carlsbad, and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission approved Site Development
Plan 77-2 with Resolution No. 1359, dated April 27, 1977; and
WHEREAS, pursuant to the provisions of the Municipal Code,
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the Planning Commission did, on the.27th day of February, 1980,
considered a modification to approved Site Development Plan 77-2,
on property described as:
Parcel 2 of Parcel Map 8586 recorded in the Office of
the County Recorder of San Diego County, California,
on March 30, 1979.
WHEREAS, the City of Carlsbad has determined that SDP 77-2(B)
will not have a significant impact on the environment in that a
Negative Declaration for SDP 77-2 has been filed as in full
compliance with the City of Carlsbad's Environmental Protection
Ordinance of 1972; and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to
be heard, said Commission considered all factors relating to
Site Development Plan No. 77-2(B).
/////
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J NOW, Ti-IEREFORE, BE IT HEREBY RESOLVED by the Planning
ji .,sion of the City of Carlsbad as follows:
That the foregoing recitations -are true and correct.
4 That based on the evidence presented at the public hearing
the Commission finds the following findins and conditions
to exist:
jfrdinqs:
The proposed project is consistent with the land use
designation of Professional and Related Commercial since
the proposed uses will be professional offices and a bank.
This project is consistent with the Public Facilities Element
because:
a) 15 edu' were provided, through the second phase sewer
allocation.
b) All necessary on-site and adjacent public improvements
will be required as conditions of approval.
C) The applicant has proposed and is required by the
inclusion of an approprite condition, to pay a
public facilities fee. Payment of this fee will
ensure that public facilities will be available
concurrent with need as required by the general plan.
d) The applicant has agreed and is required by the
inclusion of an appropriate condition to pay a
public facilities fee. Performance of that contract
and payment of the fee will enable this body to
fnd that public facilities will be available
concurrent with need as required by the general plan.
The proposed project is compatiblewith surrounding
developments, both existing and proposed because:
a) Adequate yards and landscaping have been provided.
b) The property is separated from R property to the
east by a steep slope and from R property to the
south by a solid masonry wall.
Conditions
1) Approval is granted for SDP 77-2(B) as shown on Planning
Commission Exhibits A & 13 dated 2/11/80, incorporated
by reference and on file in the Planning Department.
Development shall occur substantially as shown unless
otherwise noted in these conditions.
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2) A reproducible mylar of the site development plan in-
corporating all changes in the conditions shall be submitted
to and approved by the Planning Director prior to issuance
Q hgermits.
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3)1 A six foot stuccoed block wall with a tile cap to match
the buildings shall be placed along the south property
line. The fence shall be no higher than 42 inches in the
front yard.
4) This project is approved upon the express condition that
building permits will not be issued for development
of the subject property unless the City Engineer determines
that sewer facilities are available at the time of appli-
cation for such permits and will continue to be available
until time of occupancy. If the City Engineer determines
that sewer facilities are not available, building permits
will not be issued.
A complete landscape and irrigation plan shall be submitted
to and approved by the Planning Director prior to issuance
of building permits.
6) Prior to final occupancy, the applicant shall make all
areas of no parking for fire access as required by the
Fire Department.
7) The applicant or his agent shall review and approve all
tenant improvement drawings prior to submittal to the
City for building permit.
8) All signs on the property shall conform to the Sign
Ordinance, Chapter 21.42. The monument sign shown on
Exhibit A is specifically not approved.
9) All trash enclosures shall be constructed with six foot
high stucco walls with wood gates.
10) This approval is expressly conditioned on the payment by
the applicant for a public facilities fee as required
by City Council Policy No, 17, dated August 29, 1979, on
file with the City Clerk and incorporated herein by
reference, and according to the agreement executed by
the applicant for payment of said fee. A copy of that
agreement, dated ,1/4/80_ , is on file with the
City Clerk and incorporated herein by reference. If
said fee is not paid as promised, this application will
not be consistent with the General Plan and the project
cannot, proceed and this approval shall be void.
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f piSSED, APPROVED AND ADOPTED at a regular meeting of the
,j a nning Commission of the City of Carlsbad, California, held
fl the 12th day ofMarch, 1980, by.the following vote, to wit:
AYES: Schick, Marcus, Leeds, Larson
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NOES: None
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ABSTAIN: Jose
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ABSENT: Friestedt, Rombotis
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21 J1N S. SCHICK, Chairman
CARLSBAD PLANNING CtMISSION
23 ATTEST:
:: J1MES C. IIACM'tjN, So,cretary
RLSBAD PLANNING.COMMISSION
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